Hazardous Substance Release; Emergency Response

NYC Admin. Code tit. 24, ch. 6, subch. 3

in effect

NYC Admin. Code § 24-607 Definitions.

§ 24-607 Definitions. When used in this subchapter: a. "commissioner" means the commissioner of environmental protection. b. "department" means the department of environmental protection. Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1987/042.

NYC Admin. Code § 24-608 Emergency response.

§ 24-608 Emergency response. a. When the commissioner has reason to believe that there has been a release or there exists a substantial threat of a release into the environment of a hazardous substance which may present an immediate and substantial danger to the public health or welfare or the environment, the commissioner may, in his or her discretion, order any or all responsible persons to implement any response measures, or to cooperate with and assist the commissioner in implementing any response measures, deemed by the commissioner to be necessary to protect the public health or welfare or the environment, or, if the commissioner, in the exercise of his or her discretion, concludes that seeking the implementation of any such response measures by a responsible person may be detrimental to public health or welfare or the environment due to the likelihood of delay or the ineffectiveness of such response measures, or for any other appropriate reason, the commissioner may implement such response measures. The commissioner shall, where appropriate, consult with the commissioner of health, the police commissioner and the fire commissioner concerning the need for and implementation of such response measures and orders. The commissioner may also order the production of documents relevant for determining the nature and extent of the release or threat of release. b. Nothing in this subchapter shall be construed to preclude the implementation of response measures by any other city agency, either prior or subsequent to any response measure implemented pursuant to subdivision a of this section. Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1987/042.

NYC Admin. Code § 24-609 Hazardous substances list; release notification and response regulations.

§ 24-609 Hazardous substances list; release notification and response regulations. a. The commissioner shall by regulation establish within one year from enactment of this section, a list of hazardous substances. The commissioner shall consider whether any of the following substances shall be included on such list: (1) the extremely hazardous substances set forth in a list published pursuant to the emergency planning and community right-to-know act of 1986, (2) the hazardous wastes identified under or listed pursuant to the resource conservation and recovery act of 1976, as amended, (3) the hazardous substances referred to in or designated pursuant to the comprehensive environmental response, compensation, and liability act of 1980, as amended, (4) the elements, compounds and mixtures determined to be hazardous chemicals in accordance with standards for toxic and hazardous substances promulgated pursuant to the occupational safety and health act of 1970, as amended, and (5) the hazardous materials designated pursuant to the hazardous materials transportation act, as amended. b. The commissioner may promulgate regulations requiring any responsible person who knows or has reason to know of any release of a listed hazardous substance to immediately notify the commissioner. Such regulations shall establish the minimum quantity of any listed hazardous substance the release of which shall be reported to the commissioner and shall set forth the form and manner of any notification required. A knowing failure to comply with such notification requirement shall be punishable by a fine of not more than twenty-five thousand dollars, to be recovered in a civil action brought in the name of the commissioner or in a proceeding before the environmental control board. Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1987/042.

NYC Admin. Code § 24-610 Orders to responsible persons; civil and criminal penalties and imprisonment.

§ 24-610 Orders to responsible persons; civil and criminal penalties and imprisonment. a. (1) An order of the commissioner issued pursuant to subdivision a of section 24-608 shall specify the work to be performed and shall fix a reasonable time for compliance from the date of service of such order. Such order shall contain a statement that upon failure of the responsible person to comply with the commissioner's order within the stated time, the department may perform the work specified in the order or apply for a court order directing the responsible person to comply with the commissioner's order. (2) (i) Service of such order shall be made upon the responsible person personally or by certified or registered mail addressed to the last known address of such person or in any manner provided for service of process by article three of the civil practice law and rules. (ii) In instances where the commissioner knows that the responsible person served pursuant to subparagraph (i) of this paragraph is not the owner of the property at which the response measures ordered are to be implemented, notice that such order has been served, and a copy of such order, shall be sent by both certified or registered mail and first class mail to the last known address of the person whose name appears on the records in the office of the city collector as being the owner or agent or as the person designated by the owner to receive tax bills or, where no name appears, to such property, addressed to either the owner or the agent. Such notice shall have stamped or printed thereon a reference to this section. Any failure to provide written notice as prescribed by this subparagraph shall not in any way affect the liability of any person for the cost incurred by the city for any response measures implemented in accordance with this chapter. (3) A copy of such order shall be filed with the office of the register in the county in which is situated the property with respect to which such order was issued. (4) After service of such order upon a responsible person, such person may request a hearing, except in circumstances of imminent peril in which the commissioner has determined that response measures are to be implemented without any delay. The commissioner shall promulgate rules and regulations setting forth the times within which and the procedures by which requests for hearings shall be made and hearings shall be held. At such hearing the responsible persons, shall be entitled to be represented by counsel and to present evidence. The commissioner may affirm, modify or revoke the order. b. In addition to any response measures implemented by the commissioner pursuant to section 24-608, if the responsible person fails to comply with the commissioner's order within the time fixed for compliance pursuant to subdivision a of this section, the department may perform the work specified in the order, or may apply to any court of competent jurisdiction, upon such notice and in such manner as the court shall direct, for an order directing the responsible person to comply with the commissioner's order. c. Any responsible person who without sufficient cause, willfully violates, or fails or refuses to comply with, any order of the commissioner issued pursuant to section 24-608 may be liable: (1) for a civil penalty of not more than ten thousand dollars for each day in which such violation occurs or such failure or refusal to comply continues; and (2) for an additional civil penalty in an amount at least equal to, and not more than three times, the amount of any costs incurred by the city as a result of such person's willful violation, or failure or refusal to comply. Such penalties may be recovered in a civil action brought in the name of the commissioner or in a proceeding before the environmental control board. d. In addition to the penalties set forth in subdivision c of this section and subdivision b of section 24-609, any person who knowingly violates or fails to comply with any order, rule or regulation issued by the commissioner pursuant to this chapter shall be guilty of a misdemeanor and, upon conviction thereof, shall be punishable by a fine of not less than twenty-five thousand dollars, or by imprisonment not to exceed one year, or both, for each violation. Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1987/042.

NYC Admin. Code § 24-611 Regulations.

§ 24-611 Regulations. The commissioner shall have the power to promulgate such rules and regulations as may be necessary to carry out the purposes of this chapter. Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1987/042.

NYC Admin. Code § 24-612 Nonexclusivity of remedies.

§ 24-612 Nonexclusivity of remedies. Nothing in this chapter shall be construed to impair or diminish the power of the commissioner or any other agency to remove, repair, reconstruct, alter or abate a nuisance or to order any of the foregoing actions or to impose penalties on persons responsible for such nuisance or its removal, repair, reconstruction, alteration or abatement. Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1987/042.

Source: City of New York, Charter, Administrative Code and Rules (American Legal Publishing XML export, codelibrary.amlegal.com)URL: https://codelibrary.amlegal.com/codes/newyorkcity/latest/NYCadmin/0-0-0-222473Fetched: 10/24/2026